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Name

Jennifer Weaver

Partner, Healthcare Industry Co-Chair

Defends healthcare providers in high-stakes government investigations and litigation

Jennifer Weaver is a skilled litigator and relentless advocate for healthcare providers facing government investigations and enforcement actions brought by the Department of Justice and other federal and state agencies and regulators.

When confronted by the vast resources and power of the government, clients value Jennifer's experience and tireless determination. She has built an impressive track record defending clients in False Claims Act (FCA) matters across the United States. Notable among her representative experience, Jennifer won summary judgment on behalf of national pharmacy benefits manager in Texas federal court, affirmed by the Fifth Circuit, that resulted in a landmark defense ruling on the issue of falsity in one of the largest FCA cases in the country. She secured dismissal of an FCA case against a behavioral healthcare company in California federal court and obtained an attorneys' fees award against the whistleblower. Representing a specialty pharmacy in an FCA investigation, Jennifer convinced the Department of Justice to forego criminal proceedings against the pharmacy owner and negotiated a favorable civil settlement on behalf of the company. She secured the voluntary dismissal of an FCA case against a rural hospital in Texas in exchange for an agreement not to seek attorneys' fees against the physician whistleblower.

Jennifer has been equally successful appealing costly and potentially crippling Medicare audits conducted by Unified Program Integrity Contractors (UPICs). She overturned a $27 million overpayment against a multistate physician practice that was ultimately reduced to $6,900. Her efforts resulted in a $16 million overpayment against a national home health company being reduced to $20,000. Defending a Texas-based home health company against an audit that alleged a 100 percent error rate on Medicaid claims for personal care services, Jennifer successfully appealed the case to the Texas Health and Human Services Inspector General who concluded the company's error rate was actually zero percent.

In addition to her experience in government enforcement actions, healthcare providers and other clients rely on Jennifer's successful track record in complex business disputes. In one of the strongest court rulings protecting board decisions under California's business judgment rule, Jennifer won summary judgment on all counts, as well as an award of attorneys' fees, in a multimillion dollar lawsuit filed by a disgruntled minority shareholder against an ambulatory surgery center company whose board voted to terminate his interest in the company. She won summary judgment on all counts in Tennessee federal court, affirmed by the Sixth Circuit, on behalf of a healthcare clinical services company in a case arising from a failed acquisition. She secured the dismissal of a lawsuit filed in Pennsylvania state court by three physician investors against an ambulatory surgery center that expelled the physicians from the partnership for violating their non-compete agreements.

Healthcare providers also turn to Jennifer for counsel on regulatory compliance issues and for advice on their obligations under Corporate Integrity Agreements.

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